Mr. McCombs and Ms Shields, please reconsider your intentions, VillageWolfCreek speculation. (an open letter)

Today I was doing some clean up and came across an open letter I'd sent by US Post to both Red McCombs and his daughter Marsha M. Shields along with posting it here.  What shocked me is that in a few days it'll be year since I sent it.  Never did get a response, still it list issues and reasons that can't be ignored and it's as timely today as it was a year ago and it's also worth posting again. 

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I believe it is appropriate to personally petition Mr. McCombs and his daughter Marsha M. Shields, asking them to completely reconsider their out of date plans for a mountain village at Alberta Park. I encourage others to send their own thoughtful and constructive petitions on behalf of yourself, Alberta Park and all the wildlife and biology going on that can’t speak for itself.  

Open letter to Mr. McCombs and family, 

written while visiting Alberta Park mid June 2017.

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Dear Mr. McCombs and Marsha Shields,

We’ve met a couple times. Once was in Creede, at your 2005 Village at Wolf Creek presentation. I was passing out my No-VWC pamphlet and though we never got close, we did share a couple eye-to-eyes during the many speeches. Then at Congressman Salazar’s 2010 (Adam's State College) roundtable in Alamosa.  You walked up to me and accepted my flier, then you surprised me by extending your hand.

I was honored to shake it. Not much was said, just two guys sizing each other up and walking away. I honestly cherish the memory since it made you a real person to me and not some distant cartoon. 

Given Judge Matsch’s decision and the Village at Wolf Creek land trade being nullified, I feel it’s a good time to personally explain why I’ve been dogging your project and to ask that you and your daughter stop to consider Alberta Park as the irreplaceable biological treasure that it is.

UPDATE Oct18th, they're baaack. Red appeals Judge Matsch's VWC decision.

So sad, nothing is ever learned.  

The McCombs have turned a deft ear to all the reasoned arguments.  Facts don’t seem to matter.  Objectively speaking, considering the community, the Rio Grande River, the Alberta Park watershed, all would best be served by that Alberta Park parcel being left alone to continue fulfilling it’s biological and hydrological services as the keystone to the Wolf Creek watershed and wilderness and an integral part of the Rio Grande National Forest from which it was absconded through a 1980s game of shady land grab poker.

Only obsessive greed and some bizarre need to despoil land for the sake of proving one’s own mastery can explain such obsession.  Here we go again.  

For a look at Senior Judge Matsch’s Order May 21, 2017 see the end of this post.

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Village at Wolf Creek appeals decision blocking access

Opponents say Forest Service skirted its duties

By Jonathan Romeo Herald staff writer, the DURANGO HERALD, October. 16, 2017

Leavell-McCombs Joint Venture – spearheaded by Texas billionaire B.J. “Red” McCombs – has filed an appeal with the next tier of the federal court system, challenging a previous federal judge’s decision that the massive development atop Wolf Creek Pass was approved “contrary to law.”

“The Joint-Venture believes strongly the project is a good project and the Forest Service did everything it needed to do to study the environmental impacts of that project,” said Bill Leone, an attorney representing the developers. The appeal was filed Friday.  …

In May, Judge Richard P. Matsch, a senior U.S. district judge for the District of Colorado, in no uncertain terms, agreed.

“What NEPA (National Environmental Policy Act) requires is that before taking any major action, a federal agency must stop and take a careful look to determine the environmental impact of that decision, and listen to the public before taking action,” Matsch wrote in his decision. “The Forest Service failed to do that.”

In September, Matsch denied a request from Leavell-McCombs Joint Venture to reconsider the May decision.

“The Forest Service cannot abdicate its responsibility to protect the forest by making an attempt at an artful dodge,” Matsch wrote in that decision. …

Open Letter to Mr. McCombs and Marsha Shields, please reconsider your intentions.

I believe it is appropriate to personally petition Mr. McCombs and his daughter Marsha M. Shields, asking them to completely reconsider their out of date plans for a mountain village at Alberta Park. I encourage others to send their own thoughtful and constructive petitions on behalf of yourself, Alberta Park and all the wildlife and biology going on that can’t speak for itself.  
(It was suggested that my letter lacked an appropriate ending.  Upon reflection, they were right.  Revised June 20th.)

Open letter to Mr. McCombs and family, 

written while visiting Alberta Park earlier this week.

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Dear Mr. McCombs and Marsha Shields,

We’ve met a couple times. Once was in Creede, at your 2005 Village at Wolf Creek presentation. I was passing out my No-VWC pamphlet and though we never got close, we did share a couple eye-to-eyes during the many speeches. Then at Congressman Salazar’s 2010 (Adam's State College) roundtable in Alamosa.

You walked up to me and accepted my flier, then you surprised me by extending your hand and I was honored to shake it. Not much was said, just two guys sizing each other up and walking away. I honestly cherish the memory since it made you a real person to me and not some distant cartoon. 

Given Judge Matsch’s decision and the Village at Wolf Creek land trade being nullified, I feel it’s a good time to personally explain why I’ve been dogging your project and to ask that you and your daughter stop to consider Alberta Park as the irreplaceable biological treasure that it is.

Letter to Mr. McCombs and LMJV - supplemental information

List of links and other supporting information for my letter to LMJV’s Red McCombs and his daughter Marsha McCombs Shields pleading with them to consider abandoning all their development dreams for Alberta Park, in favor of leaving that precious landscape unmolested to continue serving the many biological and wildlife support functions it currently fulfills.

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“Creede, at your 2005 Village at Wolf Creek presentation”

www.denverpost.com/2005/05/01/wolf-creek-braces-for-battle/

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“2010 (Adam's State College) roundtable in Alamosa"

www.chieftain.com/news/local/salazar-seeks-consensus-over-wolf-creek-study/article_7c1a071b-abf8-5017-ab60-4cbc47a45137.html

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“surrounding watershed”

www.cnhp.colostate.edu/download/documents/2012/RGNFWetlandAssessmentReportFINAL.pdf

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Fens “provide a real service”

https://www.fws.gov/mountain-prairie/es/fen/FWSRegion6FenPolicy1999.pdf

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“La Garita Wilderness Area”

www.coloradowilderness.com/wildpages/lagarita.html]

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“Weminuche Wilderness Area”

www.coloradowilderness.com/wildpages/weminuche.html

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“Silverton” 9,813 feet above sea level

https://en.wikipedia.org/wiki/Silverton,_Colorado

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WOLF CREEK PASS, COLORADO

Elevation: 10326 feet     Latitude: 37 29N     Longitude: 106 52W

Köppen Classification: Continental Subarctic Climate

www.weatherbase.com/weather/weather-summary.php3?s=381950&cityname=Wolf+Creek+Pass,+Colorado,+United+States+of+America&units=

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“the wind blows incessantly”

https://www.windfinder.com/report/pagosa_springs_wolf_creek_pass

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“Why would we expect calm days”

https://wcc.sc.egov.usda.gov/nwcc/site?sitenum=874

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Defining “subarctic weather conditions”

https://www.britannica.com/science/continental-subarctic-climate

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Federal Judge Has Ruled - Red McCombs and LMJV land swap nullified.

US District Court Colorado, Judge Matsch's ORDER: 

"Where an agency action is found to be arbitrary and capricious, an abuse of discretion, or 39 otherwise not in accordance with law, the Court must “hold [it] unlawful and set [it] aside.” 5 U.S.C. § 706(2). The Court finds and concludes that Defendants‟ actions violated the APA in the respects specified in this decision.  

Accordingly, it is ORDERED that the Record of Decision dated May 21, 2015, is SET ASIDE.”

For Text of Ruling:

http://no-villageatwolfcreek.blogspot.com/2017/05/red-mccombs-lmjv-land-swap-nullified.html

Judge Has Ruled - Red McCombs and LMJV land swap nullified. Text of Ruling.

US District Court Colorado, Judge Matsch's ORDER: 

"Where an agency action is found to be arbitrary and capricious, an abuse of discretion, or 39 otherwise not in accordance with law, the Court must “hold [it] unlawful and set [it] aside.” 5 U.S.C. § 706(2). The Court finds and concludes that Defendants‟ actions violated the APA in the respects specified in this decision.  

Accordingly, it is ORDERED that the Record of Decision dated May 21, 2017, is SET ASIDE.”

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I recall back in January 2016 having Mike Blakeman (Public Affairs Specialist RGNF) advise against speculation and to let the judge judge based on the merits of the case.  He reminded us that Judge Matsch had a distinguished record and could be trusted to take the time to wade through the documents and sort out the facts, then to make a reasoned and fair decision.  It's now May 20th, 2017 and the judge's considered and legally binding decision was released yesterday.  In essence Red McCombs' Village at Wolf Creek land swap deal has been rejected by the Federal Court.

Without comment, though I did add emphasis, I'm sharing the text of Judge Matsch's full decision, I thank FriendsofWolfCreek.org for posted it at:

 http://friendsofwolfcreek.org/wp-content/uploads/2017/05/Order-on-Merits.pdf

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Case 1:15-cv-01342-RPM Document 67 Filed 05/19/17 USDC Colorado

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 

Senior District Judge Richard P. Matsch

Civil Action No. 15-cv-01342-RPM

Plaintiffs, 

ROCKY MOUNTAIN WILD;

SAN LUIS VALLEY ECOSYSTEM COUNCIL; 

SAN JUAN CITIZENS ALLIANCE; 

WILDERNESS WORKSHOP, 

Defendants

DAN DALLAS, in his official capacity as Forest Supervisor;

MARIBETH GUSTAFSON, in her official capacity as Deputy Regional Forester; 

UNITED STATES FOREST SERVICE, 

a Federal Agency within the U.S. Department of Agriculture; 

UNITED STATES FISH AND WILDLIFE SERVICE, 

a federal agency within the Department of the Interior,

Intervenor,

LEAVELL-McCOMBS JOINT VENTURE. 

___________________________________________________________

ORDER SETTING ASIDE AGENCY ACTION 

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Village at Wolf Creek Lawsuit UPDATE, Rocky Mountain Wild

From: Chris Talbot-Heindl

Rocky Mountain Wild

Communications and Membership Manager

The Wolf Creek Case briefs are in!

At the start of this month, Rocky Mountain Wild submitted the Reply brief for the Wolf Creek case! Now we wait on Judge Matsch to make a decision. If we are successful, the lawsuit would reverse the 2015 decision by the Forest Service to approve a land exchange providing critical road access needed for the 8,000 person "village" on Wolf Creek Pass.

This case details how the Forest Service unlawfully limited the scope of the environmental analysis and used the process to benefit a private business over the good of the public. Despite the site of the proposed development being located in crucial habitat for the endangered Canada lynx, a wildlife corridor linking two major Wilderness areas, and containing rare fen wetlands, the Forest Service did not properly analyze protections or demand mitigation as part of the land transfer.

In a related Freedom of Information Act (FOIA) case, Judge Martinez ruled that the Forest Service did not have to collect and disclose records in the possession of the contractors who prepared the environmental analysis underlying the Forest Service's land transfer decision. Although we already succeeded in obtaining thousands of government records in this case, the Court's decision on this issue insulated the private contractor records leaving unanswered questions as to whether or not the developer exerted undue influence over the private contractors and what information was before the contractors that didn't make it into analysis provided to the public. While the denial is troubling, we believe the merits case is still strong.

Additional information:
Press Release: "Final Arguments, Filings Against Massive Development at Wolf Creek in Judge's Hands"
Article in The Durango Herald: "Future of Village at Wolf Creek awaits judge's decision"
Blog post about ski area character: "Glitz and Glamour at Wolf Creek?"
Blog post about Canada lynx: "The “Village” at Wolf Creek Pass – a disaster for the Endangered Species Act listed Canada lynx"

Thank you for supporting the fight to keep Wolf Creek Pass wild!
#NoPillage

P.S. If you want to follow us on social media, we do have a Facebook page, which has up-to-date information from all Friends of Wolf Creek partners.

P.S.S. Consider making a donation to the Friends of Wolf Creek. Select "Friends of Wolf Creek" in the "Direct My Donation" drop-down.